WP/30658/1998 of CORRPDT. SPDRM AAIDED VP SCHOOL Vs SECY. EDUCATION DEPT. HYD AND 2 ORS on 28 December 1998

O R D E R:

The relief sought for in this writ petition is for a declaration that thepetitioner is entitled for additional remuneration payable to the AdditionalPublic Prosecutor in the Assistant Sessions Judge’s Court at the rate ofRs.2,000/- p.m. from 01-08-1995 to 30-06-1997 and Rs.4,000/- p.m. from 01-07-1997 onwardstowards the services rendered by him as In-charge Additional PublicProsecutor and for a consequential direction to the respondents to pay himall arrears including arrears of Rs.37,500/- towards his remuneration as anAssistant Government Pleader, Penukonda.

Sri R.N.Hemendranath Reddy, learned counsel for the petitioner,would fairly submit that the petitioner has since been paid the arrears ofremuneration as an Assistant Government Pleader and the relief sought foris restricted only for payment of remuneration for the services dischargedby him as an In-charge Additional Public Prosecutor in the AssistantSessions Judge’s Court, Penukonda.

While the fact that the petitioner was made In-charge AdditionalPublic Prosecutor from 01-08-1995 is not in dispute, respondents wouldplace reliance on para 17 of G.O.Ms.No.57, dated 16-03-1990, which areExecutive Instructions called the Law Officers (Recruitment, Conditions ofService and Remuneration) Rules, 1967. Clause 17 stipulates that anyGovernment Pleader/Assistant Government Pleader, who is paidconsolidated monthly remuneration, shall not be eligible to claim additionalremuneration for discharging his duties in different courts or Arbitrators. Emphasis in clause 17 is on the words “discharging his duties”. It is onlyif the Assistant Government Pleader is discharging his duties in differentCourts or in arbitration, would he be dis-entitled from claiming additionalremuneration. It is no part of the duty of Assistant Government Pleader todischarge the functions of Additional Public Prosecutor and since thepetitioner was directed to function as an In-charge Additional PublicProsecutor in the Assistant Sessions Judge’s Court from 01-08-1995

onwards till May, 2000, denying him the benefit of additional remunerationfor discharging such duties is arbitrary and illegal since clause 17 ofG.O.Ms.No.57, dated 16-03-1990, has no application.

Ends of justice would be met if the respondents are directed toreconsider payment of additional remuneration to the petitioner, for theperiod during which he was the In-charge Additional Public Prosecutor in the Assistant Sessions Judge’sCourt, Penukonda, in accordance with the observations made in thisorder. The entire exercise, in this regard, culminating in payment of theamounts due to the petitioner, shall be completed within a period of threemonths from the date of receipt of a copy of this order.

The Writ Petition is accordingly allowed. However, in thecircumstances, without costs.

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17-04-2007

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